(1) A person commits the offense of exploitation of an incapacitated person or vulnerable adult if the person:
(a) purposely or knowingly obtains or uses or attempts to obtain or use an incapacitated person's or vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the incapacitated person or vulnerable adult of the use, benefit, or possession of funds, assets, or property or to benefit someone other than the incapacitated person or vulnerable adult by means of deception, duress, menace, fraud, undue influence, or intimidation; and
(b) (i) stands in a position of trust or confidence with the incapacitated person or vulnerable adult;
(ii) has a business relationship with the incapacitated person or vulnerable adult; or
(iii) is an attorney in fact under a power of attorney, conservator, or guardian of an incapacitated person or vulnerable adult.
(2) A person convicted of the offense of exploitation of an incapacitated person or vulnerable adult shall be fined an amount not to exceed $10,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.